A/HRC/34/54/Add.3
“The non-refoulement prohibition is codified in article 3 of the Convention, which is not
geographically limited on its face” (A/70/303, para 38).
26. The Special Rapporteur concludes that the State’s participation in these practices
violates its positive obligations under the CAT, and strongly urges the government to
explicitly reject the Joint Statement and to refrain from any activities supporting it. The
Special Rapporteur further offers the services of his good offices to review multi-lateral
policies or agreements for compliance with the prohibition of torture and cruel, inhuman
or degrading treatment.
Bahrain
JUA 11/20/2015 Case No. BHR 7/2015 State Reply: 23/02/2016 Allegations of the
imminent execution of Mr. Mohammed Ramadan and Mr. Husain Ali Moosa
following trials that did not meet international standards of fair trial and due
process.
27. The Special Rapporteur thanks the Government of Bahrain for its reply, dated
23/02/16, to the present communication.
28. The Rapporteur takes note of the information provided by the Government of the
Al-Dair and the legal guarantees accorded to persons sentenced to death.
29. The Special Rapporteur however finds that the Government, in its reply, does not
sufficiently address the concerns, legal obligations, and questions raised in the initial
communication, which prompts him to conclude that the Government fails fully and
expeditiously to cooperate with the mandate issued by the Human Rights Council in its
resolution 25/13, as well as to comply with its obligation, under international customary
law, to investigate, prosecute and punish all acts of torture and other cruel, inhuman or
degrading treatment or punishment, as codified, inter alia, in the Convention against
Torture (CAT).
30. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, reiterated
above, and thus, that the Government of Bahrain, by failing to protect the physical and
psychological integrity of Mr. Ramadan and Mr. Moosa, exclude evidence obtained
under torture or ill-treatment, and take steps to prevent their execution, has acted in
discordance with article 15 of the CAT, and violated their right to be free from torture
and other cruel, inhuman or degrading treatment or punishment as provided by articles
2, 12, and 16 or the CAT. The Special Rapporteur urges the State of Bahrain to refrain
from executing these two persons.
JUA 14/12/2015 Case No. BHR 10/2015 State Reply: 18/01/2016 Allegations
concerning arbitrary detention, solitary confinement, and torture of individuals
for the exercise of their rights to freedom of opinion and expression.
31. The Special Rapporteur thanks the State of Bahrain for its reply, dated 18
December 2016, to present communication.
32. The Special Rapporteur takes note of the information provided by the Government
regarding the investigations and charges brought against individuals for posts on social
media. The Special Rapporteur regrets that the Government has failed to inform him
about the use of solitary confinement, torture to extract confessions, and inadequate
detention conditions, prompting him to infer that the Government has failed to fully and
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